The San Francisco Call. Newspaper, August 30, 1901, Page 5

THE SAN FRANCISCO CALL. FRIDAY, AUGUST 80. 1901. 5 TEATMSTERS REJECT TERMS SUBTITTED BY INDIVIDUAL DRAYT1IEN ON GROUND THAT PROPOSITION IS UNAUTHORIZED 7E ess in any manncr. You must not intimidate All drivers to come to stable Sunday morning and take proper care of horses, harness and wagons; nced not return in the after- noon to help feed stock. Fruit teams as early as ‘"TERMS SUBMI‘TTE'D '‘BY THE DRAYMEN. Il employ all of our old drivers that we can, and they may come back to work as union men. Ve will not ask you to drop your membership with your union, but will not allozv the union to interfere with our busi- You must obey all lawful orders given you by the firm you are working for. T or interfere in any The wages will be the same as before the strike, except Sundays and holiday work; drivers taking their teams out any portion days up to 12 o'clock shall receive a regular day’s pay; crivers kept out lcter than 12 o’clock or all day shall be'paid time and a Drivers to come to stable weckday mornings in proper time to hitch up team at 6:15 if required. heretofore. Owertime same as heretofore, and charges to be turned in to proprictor or foreman of the firm. cay with our non-union drivers that we mey retain in our sérvice or employ in the T RERRY RRRRRREY R EPRESENTATIVES of the va- riov commercial bodies of the city held a conference yesterday afternoon, begimning at 5, at ber of Commerce to con- the Cham strike ation. As a result of of those In attendance ed that the presidents of the presented should i- to wait upon e before him the seriousn; s views as to Depar by e exec of the city are as he dete tion that order shail aboring men protected 1 aken assuring Chief e united support of a veying the e Commis- mmerce, Merchants’ hange, Merchants' Board and other represent- nged, and ill-advice the demonstr; to ot sday. @ ad to < rations Suilivan assured 1 e of the Police 1 duty and to con- riotous that it of the city be- ce Couris its effort e by a number of 1d g that w ed th. the streets report at such progre opinion = 2. They reported confer- v sought by their striking ressing an earnest desire for be over, and in every i it it was nearing an B SRR, UNION FIREMAN IS SHOT. Tiumerous Attacks Made Upon Non- Union Laborers. union fireman, was last night by Alex man of the same g occurred on the er 6 o'clock. on the steamer he started up Lhe his home, when a men approached argument the mob commenced to use knocking him down and Believing his life to fireman then drew his shots. One of the in the shoulder the mob quickly e shooti of to the Harbor Re- was later trans- He claims that opped Nambos ana his vusiness, They violence and struck Hal 1o commit murder ice station. union teamster liv- or street, was yester- Mission and 2 and badly to the Harbor Ke- later removed 1o His injuries are as beaten to a Jjeily, his skull is fractured, Jaborer residing at street, Oakiand, was Bryant-street car iot of strikers companion of | ar and escaped. | £ 3t the Pacific | were strik- , and two of Angel Marcia, Wolf, who ap- = i time to catch the from ace, which w badly | ed at the Harbor Re- 2 mon-union teamster, pe from heing mobbed B ers at Mission and late yeste afternoon. driving g Steuart ed by Mounted Officer 3 he discovered that the nut wheels had been removed. | 1o happened. Scarcely had the officer | him when a crowd of about twenty ikers attacked Thrasher and dragged m from his seat on the truck. The Sestes: es for help attracted the at- | lention of Lycette and he lest no time in to his rescue. >wd, but not He soon dispersed until he received an ve by a stone hurled y bruised about the result of being kicked by his | is. He believes that he would | n killed had not it been for the | of the policeman. d attempt was made early resterday morning to kill Adolph Hoff- 3 watchman employed by Healy, s & Co.. at Fourth and Townsend Hoffman was watching some nery belonging to his employers ~hen he noticed a man near the place act- suspiciously. Approaching him he ed him his business. when the stran- fer. with an oath. whipped out a re- tolver 2nd fired five shots at the watc- will strengthen | showing that | of | of breaches | of it, the | saying to vou; we have That decision, Chief of Pol her like | Police | I in the | kept and that be | | cer escorted the circus man to the cars. | resisted and a lively fight ensued. | the melee ended nearly all the windows in 'Conference That Gave Much Promise - Comes to Naught Because Em- ployers Do Not Recognize Union. | MPLOYING draymen and striking teamsters seemed to be.approaching | agreement for a time vesterday. A second conference was held and-definite | terms were submitted by the draymen, embodying an additional clause in accordance with a suggestion of the teamsters. But when the Brother- hood of Teamsters met in regular meeting at night the propesition made by the employers, which is given above, was rejected by a unanimous vote. The conference had been arranged by the conciliation committee of the Mu- nicipal Federation of Improvement Clubs, and the teamsters had been sent to it by the strike leaders in the hope that formal recognition of the Brotherhood of Team- sters would thus be made by the Draymen's Association. The draymen, however, carefully avoided such recognition by insisting that they were there as individual draymen to meet individual employes, and not as a committee of employers to meet a committee of employes. The strike leaders took the ground that the proposition was not authorized and no settlement based upon it could be satisfactory. The teamsters, even those who were favorably impressed by the terms offered, swung into line and sanctioned the stand taken by the leaders. The conference was held in the Pacific Mutual Life Insurance building. Charles L. Tilden, Grove Ayers, George Renner and Aaron Englander were present as in- dividual dravmen. The te = in the,meeting were Frederick Fitzpatrick, Frank Markey, George Thomas, Kirkpatrick and Thomas Jolley. Terms Modified at the Request of Teamsters. rst conference, held Wednesday | | | | | At the £ terms afternoon, upon which the teamsters would be allowed to resume work were submitted by the draymen. They were identical with t terms printed above, except that thg words ‘‘and they may come back to work as union men,” and in the next sentence, ‘but will not allow the union to interfere with our business in any manner” were not embodied in the statement. The teamsters conferred with each other, and later offered the suggestion that if a clause were inserted specifying that the team- sters would be allowed to go back to work as union men they believed the | terms offered would be accepted by the tea It was then decided that a second eting should be held the following At t second meeting, at half-past 3 o'clock yesterday afternoon, the dray- men presented the modified terms which are printed above. They had inserted the clause desired by the teamsters, but had added to offset it the clause, will not allow the union to interfere with our business in any manner.” The five teamsters retired for consultation and presently returned and put the following question to the draymen: Will you recognize the Brotherhood of Teamsters and reinstate the teamsters as mem- bers thereof and recognize their right to act through their organization in a collective capacity ? The draymen replied simply by referring to the proposition they had made, refusing to enter into any discussion or explanation of the terms submitted. Draymen Present as Individuals. The teamsters asked the draymen whom they represented and what authority they had to act. The draymen replied that they came here are individual dray- men. The teamsters then asked the draymen the following question: vidual drayman answer for himself the question: Are you as an in- n willing and able to recognize and deal with the Brotherhood of Team- f of the teamsters? The draymen replied, “You already have our proposition other answer.” The individual members being urged to reply, Mr. Ayers said, “We have talk- ed this thing all over and 1 acquiesce with my friends, and we have given our answer.” Mr. Renner said: “I have submitted the propcsition as an individual dray- man, and we have stipulated to work under that provosition.” The conference was brought to a close, with the understanding that the teamsters would take the proposition under advisement. Their method, of course, lwr-um be to refer the matter to the Brotherhood of Teamsters and the strike leaders Andrew Furuseth, secretary of the Sailors’ Union, said last night before the teamsters met that the terms would not be accepted. He said the committee of teamsters had been induced to meet th~ draymen under the false representa- tion that the five draymen represented the Draymen’s Association. Since the em- ployers were there onlv as individuals, there could be no authorized proposition worthy of consideration submitted by them. @ itk after firing the shots the assailant took to his heels and disappeared in the darkness. Thomas Hague, a non-union coal passer employed on the steamer Santa Rosa, was “but and we have no of this city will deliver a free lecture Sun- . September 1, at 3 p. m. at Golden il. Subject, ““Strikes—Their Cause | attacked last evening at the foot of Mar- [ 3nd Cure. ket street while returning from work. A S | He says that several men jumped on him | CUTWIT FIGHTING STRIKERS. | and hit him on the head with big lumps treated at the Receiving Hosoital for a ! ability to sprint expeditiously and a turn lacerated Ip last evening. He stated | for strategy last night saved a party of that he was walking up Third street when ' colored non-union laborers from a *doing he was attacked by strikers. He defend- 3 ed himself as well he could from his | UP” at the hands of a delegation of strik- ers. The colored laborers are engaged along the water front. For their mutual pro- tection they all live together in a lodging- house on Second street, between Mission and Howard. They have been in the habit of going to work in a body and returning at the end of the day in similar forma- tion. They received information yester- day to the effect that a gang of strikers had been organized for the purpose of ““doing them up” on thelr return from work, 5 They lingered on the water front for an hour after the 6 o'clock whistle had an nounced the end of the working day. They wanted the gang to get tired and disperse. But they waited in vain. They finally boarded a Mission-street car and all went well until Second street was reached. The gang was there. The at- tacking party piled on to the car and assailants and shouted for help. The men who assaulted him became alarmed at his shouts and ran away. Max Davidson of %1 Golden Gate ave- nue, who keeps a clothing store at 5 Clay street, was treated at the Harbor | Emergency Hospital last night for a lacerated wound of the scalp and two lacerations of the lower lip. The injuries | were inflicted by Fred Olsen, a striker, | who was arrested and charged at the Harbor station with battery. Davidson | was taking iu ‘his show goods from the | sidewalk, when he was attacked by Olsen, who tried to prevent him from carrying a _trunk into his store. Davidson resist- ed and Olsen struck him several times and then knocked him down. Luther Catermole, a non-union long- shoreman, who resides at 1544 Ninth street, Alameda, was badly beaten in the Phoenix saloon on East street last night by a number of union men. Catermole, who had missed the 5 o'clock boat for Alameda, went into the saloon to get a glass of beer and while there entered into an argument with several men hanging about the place. The sentiments he expressed did not please the crowd and they proceeded to beat him. He was sent to the Harbor Hospital, where he was treated for lacerations of both eyes and contusions of the face. Louis Ratto, a non-urion water front worker, residing at 178 Vandewater street, was badly beaten by a number of sailors at Mission and East streets last right. He was taken to the Harbor Hos- pital to be treated for a lacerated wound of the scalp and then sent to the Cen- tral Emergency Hospital, where he will be held for observation, as it is feared that his skull is fractured. An employe of Ringling Bros.' circus was rescued from the hands of the strik- ers at the foot of Mission street dock vesterday by Police Officer Maloney. Five of the eircus men had been out sight- piled off. They were eight strong. Six of them formed a wedge, broke through the enemy’s ranks and disappeared into the night. The seventh had scented danger early in the game and effected an inde- pendent retreat. No. 8, cut off from his friends, hemmed in by the union delega- tion now doubly incensed owing to the escape of the seven, started to fight his way to freedom. He succeeded in clearing a starting space. With a howling mob at his heels | and cries of “lynch the nigger scab” in his ears, he sprinted up Mission street to Third. Turning to the left he rushed in at the open door of a restaurant and without a word of explanation or apology dashed into the Kitchen, out into the back yard, over a fence, through the back door of a house facing on Mission street and then, through the kindness of the tenant, to Mission by way of the front seeing and, not knowing of the condition | door. Then he, too, disappeared. of affairs on the front, took a trip to the | Meanwhile the mob crowded into the Wharves. At the corner of Mission and |restaurant. They demanded the —*nige East streets they were attacked by a|ger.” The proprietor protested. They number of union men. Four of them succeeded in lettlx“g away from the strikers. but they held on to one and were proceeding to hammer him unmer- cifully, when Police Officer Maloney ar- rived with his club. A few well-directed blows scattered the strikers and the offi- threatened. The proprietor went to the mwhgp, but returned, saying, ‘“No nigger ere. Then a committee was appointed to search the kitchen. They found nothing but the tracks which told them how the bird had flown. By this time the police had been no fied and before the union delegation thor- oughly realized that their *“copn” hunt had fizzled out Policeman Fraher, with a dozen of his brothers in blue, was dis- persing the mob. The strikers have been puzzling for some time over the mystery of the ab- sence of colored laborers from the ranks of non-union men going and returning from work. They solved the problem yes- terday and spent last night in making up for lost time. It seems that the colored workmen have been in the habit of donning their very best clothes for the trip to and from work. While on the street they have posed as gentlemen of leisure. The fashionable garb was exchanged for blue shirt and overalls at the workshop or wharf and doffed for good clothes at quitting_ time. According to the police, the strikers A northbound Kearny-street car was at- tacked by a mob of strikers near Mont- gomery avenue last evening and two non- union teamsters dragged off and taken away. The police arrived on the scene after the crowd and its prisoners had dis- appeared and no names were secured. The strikers, numbering about 200, stop- ped the car and many of them swarmed aboard, The non-union men they sought as- sengers were struck and women added to the excitement by their screams. Before the car were smashed. Finally the two non-union men were subdued and the strikers drageed them down Pacific street. They have not been seen since. Before leaving the scene the leaders of the mob sssured the conductor of the car that they would meet him to-day and pay for the windows. oan. Fortunately for Hoffman, the hull vent wide of their mark. Sitets Immediately IOtk . T To Lecture on Strike Problem. Asnis Rix Militz of Chicago, formerly were impartial in their attacks upon col- ?red men for the remainder of the even- ng e i @ | ‘},’( cu?].l }f{o wl:w tre: :Sd at un-1 R«(';'i\'h;‘l: Eight Colored Laborers Save Their | ospital for lacerated wounds of the 5 | scaip. Skin by Strategy. | George Jones, a longshoreman, was| A prompt and proper discretion, the just as expeditiously the colored laborers | o FIERCE fight betiveen the police officers on duty on the water front and about three hun-! | dred union men occurred yes- terday afternoon at the corner of | Steuart and Folsom streets, and for a | time it looked as if the rioting of Wednesday would be repeated. The union men were in an angry mood and resist- ed the attempts of the police to disperse them, and the mob was scattered only after the officers had severely clubbed a dozen or more. /Several of the officers were struck by bricks hurled by the strikers, many of whom climbed to the tops of piles of lumber in the neighborhood and sought by throwing stones to aid the strikers who were struggling with the police on | the sidewalk. The strikers ran into a saloon in the neighborhood to escape from the police, and the proprietor of the place closed his doors to shut out thLe officers. The | strikers continued their hooting and yell- ing from the saloon, and the officers burst open the doors and went in aftér them. They drove them out at the rear of the saloon. In the course of the me- lee _the proprietor of the place was clubbed. ‘'he row was started by the breaking down of a truck in front of the Pioneer Saloon and Hotel at 249 Steuart street. Yully a hundred union men were con- gregated in front ot the hotel. The crowd started hooting the driver and | jeering at_his efforts to get his team started. The yells attracted every idle man on’ the street to the scene, and in a short time the crowd had grown to mam- motk proportios The mounted officer who was escorting the driver tried to drive the crowd bpack, but they surged all about him and his efforts were fruit- "~ Mob Blockades Street. The crowd had grown to such numbers that the street was blockaded. Several other teams that could not get througn the crowd stopped on Folsom street and the mounted officers escorting thelr driv- ers left them and went to the assistance of the policeman surrounded by the mob. With _drawn_clubs they rode into the crowd, and for a timc it seemed that the riot was over. But the men were stub- born, and many of them on the outSkirts of the crowd commenced throwing bricks from a pile near a building in course of construction on Steuart street. i Sergeant Cook and every officer on duty in the district came running up and charged into the crowd. The long rfot clubs fell time and again on the heads of the strikers, but the attack seemed to have little effect. ; A number of police officers charged the mob from the rear and with good ef- fect, for the angry men ran to escape the clubs. Those who were in front felt the crowd behind them weakening and they also commenced to seek shelter from the rain of blows coming from the bluecoats. So fiercely were they pressed by the offi- cers that they were compelled to run into buildings in_the neighborhood. Fully fifty*of them ran into the Pioneer saloon. The officers were close behind | them, but the door was slammed in their faces by the proprietor, who deliberately shook his fists at the officers as they {urned and continued driving the rest of | the crowd away. The crowd in the saloon, safe, as it thought, from any further clubbing, commenced to vell and jeer the officers _and_ kept it up until the police forced the doors and attacked them once more. Broken Heads at Hospital. In such close quarters the work of the police was telling. Man after man, after receiving a hack on the head, darted for the nearest exit and the place was soon cleared. Walter Larsen, proprietor of the saloon, put himself in ‘the way of the police and got several blows on the head, and John Tibboel, who stood upon his dignity and dared the officers to touch him, received a blow on the back. Three other men were treated at the Harbor Hospital for injuries received in the affray. They were John Nisbeck of | 249 Steuart street, Martin Jensen of 250 East street and Henry Way of 19 Steuart street. Many others were injured, but they did not go to the Harbor Hospital to have their wounds dressed. Larsen, proprietor of the Pioneer sa- loon, appeared before Warrant and Bond | Clerk Peery last evening and asked for | warrants for the arrest of Police Officers E. C, Dalton and Joseph F. Lycett, one of whom struck him with a club and the other tore his clothes. Judge Cabaniss refused to issue the warrants until after he had an opportunity to investigate the complaint. S e | RULES AGAINST WITTMAN. Judge Cabaniss to Order Sheriff to Serve Jury Venire. The case of Captain George W. Witt- man, charged with battery upon James Masse, a striking marine fireman, was called in Judge Cabaniss’ court yesterday morning. Attorney John J. Barrett ap- peared as special prosecutor, and the de- fendant, who was present, was repre- sented by Attorneys Hosmer and Peter Dunne. The courtroom was crowded with strikers, and twice when Attorney Dunne in his argument referred to Chief Sulli- van in complimentary terms the strikers emitted groans. The Judge sald nothing after the first demonstration, but when it was repeated he said he would have the courtroom cleared if there was znay fur- ther demonstration of the kind. - After the case was called, Attorney Hos- mer entered a plea of not guilty and de- manded a trial by jury. Attorney Barrett precipitated a long ar- gument by asking the Judge to order the Sheriff to serve the venire instead of the Chief of Police. 2 Attorney Dunne vigorously opposed the request and argued that under the char- ter the Jufige had no discretion in the matter, but must order the Chief of Police to serve the venire. The Sheriff was a county officr and'to ask him to serve the venire would in his judgment be a vain and futile act. Barrett replied that it would be a vain and futile act to allow the defendant or a co-ordinate officer to summon the jury. Much depended upon the district in which the jurors would be summoned, and if they were selected in some districts 1t would, be useless to try the case. He contended that the Judge had the discretionary power to ask the “Sheriff, marshal, constable or police offi- cer” to serve the venire, which was again combated by Dunne, who contended that the words were distributory in theiginter- pretation, the Sheriff being for the Supe- rior and Justices’ courts, the marshal for a eity, the constable for a township, and the police officer for the police courts. The Chief of Police was a man of unblem- ished integrity and would perform his duty in the premises fairly and equitably. Jt was here that the groans of the strik- ers were uttered. The Judge said: “I think the matter is exactly as staied by Mr. Dunne in this one particular, namely, the matter ad- dressing itself to the court as to whether or not the court has the power to send | | | | | THE EMPORIUM. [ THE EMPORIUM. | THE EMPORIUM. A A A A A A A A A A A A e e e e A, ERERRRZRRRRRERR RRREERRRRERRRRRE RRER RRRRRE RRRRE RRERREERRRRE RERE RRRER RRER BREY RRRS § Last Two Days Princess Doris The charming little singing and dancing. Japanese girl. Thousinds visit At- tracton Hall daily to see ani hear § her. diy. Admisicn free. nRRR®R teds —to-day and to-morrow. ... .. $3.00 Knee Pants Suits, for boys 8 to The New Style Handkerchiefs 8c. 120 dozen of this szacon’s latest ncvsities in 'a lies’ Hand- kerch’e’s, that have just ar- r'v-dfrom New York, will te pladed o spe- cial sa'e to-day. They are made o sheer lawn, with scld col- ored borders, daintily stitched in cesign; they wer: bought to s:ll fir 12}3ceach; thaprice to-day wil. le, .. 8e Sample Gopies of Music 2.c. To-day (Frday) only we pace on ea'e 500 cample copies of copyrighted music, ths pieces that we sell regularly for 25c each, one or two copies only of a kind, at TStk ittins siedabyticel per i SO Butter Sale To-Day Only. The market is still high on the best grades cf butter, and the price prom- ises to be still higher; inferior grades can be bought for a litt'e less than §oc per square, but not this best quality creamery, of which we will sell ‘regular size squares 390 to-day only......... 50c Shams 36¢c. 36c Per Pair—That will be our price to-day for a lot of fine camtric H:mstitched Shams, stsmped in pretty floral and conventional de- ¢igns, in a large ascortment, the ’ my 36€ regu'ar price 5oc pair, to-day only RRRRERR ERRER RERR RN ZRRRRRRY RRRE RRRRE RRRR RRER RERRERRE KRR SRR RRR RRRR REERERRE RN $7.50 Long Pants Suits, for boys 10 to [ EMPORIY Golden Men’s $10.00 Suits $4.35. Positively the last two days that you can buy these excsllent suits at the absurdly low price of “four-thirty-five.” They are well cut and carefully made business sack suits. cassimeres, in nice mixtures; good all- field & Co., the retired wholesalers, made to sell for §7.50 and $10.00; and many of them are suits of like value from cur regular stecks which have been substitut>d in this sile to fil in broken izes. Until clesing time Satarday night, genume full value §7.50 and g10.00 The materials ars w. the-year-round weights. They are the All-woo! Tweeds and Cheviot Suits to-day an 19 years—to-day and m-morr-;w. cedesnsasss .08 15 years—to-day and to-morrow $6.00 Tkree-pizc: Kace Pants Suits, for boys 10 to 15 years—to-day and to-morrow . . .$3.48 Men’s $3.00 All-woo! Pants—to-day and to-mo:row............................ .$1.71 Men’s §5.00 All-wool Pants —tc-day and to-morrow. Dress Goods since our recent ““Tuesday Remnant Henriettas, Albatross, E'amines, Chal a still further reduction of One-Quarter Off Special Saie of Carpets, Furniture. Four extraordinary values for this day (Friday) only. 75c Tapestry Carpets 57c—New deigns, pretty co'ors, a rzal good 75¢ qual- ity, t>-day, peryard............ $1.25 Axmin;ter Carpets 98c—Stunning. de- signs, beautiful coor effects, an excellent $1.25 per yad quality, to-day only Ingrain Rugs—Size 36x36 inches, worth 75c each, ial sale to-day only, $32.50 Bedroom Suits for $23.75—Thre= pieces, highly poished golden oak, French plats mirrcr on dresser, 30x24 inches, a care- fully constructed set or furniture, the real vau: of which is $32.50, on tpecial sale Friday only . $23.75 Liguor Specials for Friday. Champion Whiskey—Full quart bottles that are regularly $1.00, special to-day only. 28 3 Port or Sherry—No. AA, extra fin: quaity, regularly $1.50 per gallon, to-day. $7.08 Hock White Wine—A real good dinner wine, regulary 6oc per gallon, to day 45¢c Rule Bazaar. | ' To-morrow positively her Jast CALIFORNIA'S LARGEST--AMERICA'S GRANDEST STORE Remnant Sale. | 1200 remnants of Back and Colored Drass Goods have already accumulated Venetian, Broadcloths, Poplins, etc., in waist, skirt and suit lengths, and many pretty remuants for children’s dresies; every piece is a good bargain at the already reduced remnant price, but to close them out to-day we make Greatest of Book Sales. Thousands of volumes sold since Monday; thousands of books on all subjects still remaining from the great stock advertised Jast Sunday. N WAARRARARARL QRQRER RARR RAAUANER CWRA RUNR Aininie Wit WUt Wit Witnis Wit K Wi e —————————————————eeerereeeeeeee e e i i Skirt Lining Special Saile. 12 piecesonly (about 650 varcs) ot good quality ilack More Skirt L: worth 15c,medium weight and bright sfec finich,wi | teplace. on special cale to-day o'y, rer yard. . cheviots and suits that Summer- 1 i $4.35 d to-morrow. . . ..$8.95 ....$1.98 oo F2.55 Sale.”” These are all-wool fabrics— lies, Serges, Cheviots, Mixed Suitinzs, Marked Prices. Dinner Set $6.89. The reguar Freeis $8.90; it is the pretty modern shape shown i1 the illus'ra- tion, with 2 dainty berder of bue flowers; thers are 52 pieces; a complete set for 6 per- o Eriayony i e, 36289 Fountain Syringes More One-Third Off. Than We have bought, much under regu ar price, a Jarge consignment of D vil Rubber Co. Fountain Syringes that were thipped by mistake to the Coast, and we will sell them to-day oniy, complete with three hard rubber pipes (screw joirts)—packed in neac hard- wood box— $1.00 2 quart size for. .. .. ... .63ec $1.15 3-quart siz: for. .. 43¢ $1.25 4-quart size for. .83 R AR R AR WA R MR R WA A AR U WA AR AR WARAR AR RS AR AR AR RN A AR R R e EET) this venire to the Sheriff is not at all from my standpoint a matter of discretion, for this reason: If I had the power to have this venire executed, to order it executed by the Sheriff—my present judgment, af- ter listening very carefully to what has been said, is that I have that power—I would exercise it, and I would do that not because 1 assume, and, indeed, in all frankness, 1 will say, not that I believe, because 1 do not believe, that if this venire were placed in the hands of Chief of Police Sullivan he would execute it, and so far as ke could control the situa- tion, would canse it to be executed other- wise than fairly and legally. “But it is not enough in all cases that the duties appertaining to the administra- tion of justice have been properly per- formed. It is just as essential where it can be so ordered that justice be admin- istered even collaterally, and by what I might characterize as auxilary agents of justice, in a manner to free the proceed- ing, whether it may be a trial by jury or any other, absolutely of -«all suspicion even. And with reference to one point, that is, that a verdict returned at the hands of a jury selected by the Sheriff would not be a vindication against this charge. submit with all candor, viewing the mat- ter from the standpoint of vindication for the moment rather than from the stand- point of its legal effect or consequence, it would be infinitely a more complete vindication than would be such a verdict rendered in the case at the hands of the jury selected in the ordinary manner, namely, by the Chief of Police, or, actu- ally, as is practically the case, by some subordinate of the Chief of Police. “I am also strongly persuaded—though that might be, so far as 1 am concerned, a matter of future consideration—that, taking Mr. Dunne’s view to be the correct one, namely, that I have ro power to order the Sheriff to act in this matter, but nevertheless I do order him to act and he does act and a venire is returned and Jjurors appear in obedience to that venire, and a trial otherwise agreeable to the rules of law was followed by a verdict of acquittal, it seems to me, at the very most and very worst, I would simply, ac- cording to Mr. Dunne’s contention of the law, have committed an error, and if subsequent to the return of such a verdict it was sought again to place Captain Wittman on trial for th: offense with which he now stands charged, the first verdict would be pleaded as a bar to any further proceedings of that character.” “If,” interrupted Attorney Dunne, “a jury 'of twelve women were summoned and rendered a verdict, would that be a bar to further proceeding?” “If,” retorted the Judge, *‘such a ridicu- lous folly were perpetrated it would be a gross and palpable error and a bar to fur- ther proceeding.” ‘The only point,” continued the Judge, “that perplexes me, and that very little, is the distinction that the Sheriff is a county officer and T am a charter officer. The Sheriff might decline to serve the venire. Then he could be cited for con- tempt and that would test the case. I will issue the venire to the Sheriff.” “That means that you have decided against us,” remarked Attorney Dunne; “but T would ask you to defer your formal ruling in the matter.’ The Judge said h> would not make his formal ruling *ill this morning, which was satisfactory. —_—— POLICE ON EVERY BLOCK. Captain Wittman Takes Precautions to Prevent Further Rioting. Although the Receiving Hospital staffs were kept busy yesterday attending to in-' juries received by non-union men and spe- cial policemen at the hands of strikers there was no such concerted action as that for which the striking teamsters were responsible on Wednesday afternoon. Thanks to a well-arranged system of po- lice patrol in and about the district that the district in a buggy throughout the day. Striking teamsters in little squads visited the scene of the previous day’'s battle and seemed to take keen enjoyment in recounting the stories of some of the hottest engagements. Acting under instructions from Chief Sullivan Captain Wittman yesterday took seventy-four of his men off trucks and as- signed them to the most important beats in the city. Their places on the wagons will be filled by special policemen em- ployed by different detective agencies, i LR R Striking Molder on Trial. The case of T. Killeen, a striking mold- er, charged with battery upon H. Ander- son, a non-union molder employed in the M-=chanics’ Foundry, was tried by Judge Cabaniss yesterday. Anderson testified that on the evening of August 3 Killeen approached him at First and Natoma streets and tried to induce him to quit work. He refused and Killeen and oth- ers knocked him down and kicked him. He ran into a grocery on the corner. but was followed and again knocked down and kicked. G. A. Dow, a pump manu- facturer, testified to seeing Killeen talk- ing to Anderson, but it was not till Anderson ran into the grocery that he was struck. Killeen testified that he did not attack Anderson, but when he saw other men attacking him he ran away and he was corroborated by J. Crowley, a carpenter. The Judge will give his de- cision this morning. TR S T CAN COMPANY CLOSES ITS DOORS IN OAKLAND Workman Is Badly Beaten—Brother- hood of Teamsters Makes Pub- lic Appeal for Money. OAKLAND, Aug. 29.—While returning from work on the steam excavators at the tidal canal Ole Olson, who claims to be a union machinist, was set upon by two men at 8 o'clock to-night and ter- ribly beaten. Olson was kicked into in- sensibility, his shoulder-blade was broken and his other injuries will keep him from work for many weeks. The injured me- chanic told the police that his assailants were striking machinists, who thought he was a non-union workman. He does not know their names. Olson was beaten at East Fourteenth street and Twenty-third avenue. He lives at Thirteenth avenue and East Fourteenth street. The Oakland branch of the American Can Company, at First and Myrtle streets, employing fifty hands, has closed down. ' Labor disturbances operating to retard fruit shipments are the causes as- slgrn by the company. 'he Oakland Union of the Brotherhood of Teamsters has made a public appeal for money with which to carry on the strike in_ this city. Business Agent Charles Johansen announces that the union is short of funds. Appeal has been made to the American Federation of La- bor for support, but it will be a week or ten days before a reply can be had. L. A. Miller, business agent of the Building Trades Council, was thrown from a buggy yesterday at Fruitvale and severely cut and bruised. President Benjamin Ide Wheeler of the University of California announced to- day that Labor day would be observed at the university as a State legal holiday. %17 said reports to the contrary were alse. - City Su intendent of Schools Me Clymonds given notice that the pub- lic schools will be closed on Monday. An Epileptic Badly Burned. Mrs. Hannah Petit of 436% Sixth street was brought to the Central Emergency Hospital last night by her husband to be trcated for a number of burns on her face and hands. The injuries were sustained thrcugh her falling against a hot stove while suffering from an attack of epi- was the,scene of the rioting the striking teamster was a law-abiding citizen. Threats, muttered and openly expressed, boding ill for the recently appointed spe- clal policemen, had reached the ear of Captain Wittman, and hé took prompt steps to frustrate any scheme which in- volved further violence. Policemen were stationed on every block on Fourth, Fifth and Sixth streets, from Bryant to Mis- sion, and Captain Wittman, Lileutenant Anderson an Sergeant Donovan patrolled ! railroad lepsy. F S S Train Demolishes Wagon. Edward Koblering, peddler, failed to notice the approach of an outward bound train Twenty-fourth and Guerrero ;;;:eu 'a y afternoon and d;.t- 0. agon was entirel and Le received several lacerations of the scalp. His ‘were at hoespital. FAVORS DIRECT LINE TO MANILA D. M. Carman Gives His Views Before Local Merchants. D. M. Carman, a well-known merchant, ‘who recently returned from the Philippine Islands, conferred with a committee of the Board of Trade last Monday and in- cidentally gave his views on the value of direct communication between this port , and Manila. Mr. Carman delivered an interesting talk to the committee. in which he ex- pressed the hope that if there was to be a direct line between this country and the islands San Francisco would have the first line. He said it would be a great saving to merchants, as it would avoid a transhipment of cargoes at Hongkong. In part he said: “I should say roughly almost everything that is used here except heavy clothing could go to Manila. Nearly everything you use is used there. The provisions that come in now come largely from Spain. There is no reason why they should not come from here that I can see. For instance, canned and dried fruits, of which they use large quantities, come from Spain, and of which very little comes from America at present. They get most of their meat from Aus- tralia. . In regard to canned goods, a deal of that stuff comes from Australia. There have been heavy purchases made in Australia of canned goods and of every- thing we find in Manila. “In regard to passenger traffic, it is not sufficiently heavy at the present time to make it of importance. I have heard of passengers complaining when coming from Ausftalia via Honolulu on the way to the United States, England and_else- where, that when they arrived at Hono- lulu they had to submit to detention of half a day, and the aquarantine officer there tried to do more than his duty, and made his examination as obnoxious as he possibly could. After submitting to that examination they went from one Ameri- can port to another, and the United tSates quarantine officer here compelled them to submit to the same examination again. They were detained from 9 o'clock in the morning until 5 o’clock in the evening on account of the quarantine officers’ exam- ination, superintended by one of the depu- ties of our friend Kinyoun. The passen- gers were pronounced in their determina- tion not to take that route again, but to go from Australia to Vietoria. “In regard to the harbor improvements at Manila. A year's work on the harbor would allow the deepest ocean-going ves- sels in there. and they would be fairly well sheltered. When our harbor is com- pleted it will be very much better than Hongkong. It is equally as good now for three or four. possibly five, months in the year. We have a coid storage plant that cost $1.500,000. It is one of the finest in the world. It is a Government plant, but when I came away thev were willing to allow others to use the piant. The army cannot_use anything like the space they have there. It is four stories high and, rou,hly speaking, I should say it was 250 feet front and et deep. PoSsibiy it is larger than that.” Colma Gardener Injurea. Edward O'Malley, a gardener, residing at Colma, was brought to the City and County - Hospital from the Six-mile House yesterday suffering from contusions on the head and face. He fell asleep on his wagon and fell off when the front wheels struck a rut in the road. e Now is the time to visit Lake Tahoe. Friday to 'l‘uesd‘:i\rl tickets via Southern Pacific $10.30; ten days $13.30. The scenery is mow at its best. \